THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
June 9, 2003
7:00 P.M. Regular
Session
POST AGENDA
1. Opening of Regular Session?Pledge
of Allegiance
2.
Agenda Adjustments
County Manager Ruffin added item No. 13 to the
agenda?? FY 2003-2004 Funding for Holloway Street Neighborhood Achievement
School."
3. Minutes
Commissioner Heron
moved, seconded by Commissioner Jacobs, to approve the March 24, 2003 BOCC/Area
Mental Health Board Minutes as corrected and the May 12 and May 27, 2003
Regular Session Minutes of the Board as submitted.
The motion carried
unanimously.
4. Consent Agenda
Commissioner Heron moved, seconded
by Commissioner Jacobs, to approve the following consent agenda items:
(a) Budget
Ordinance Amendment No. 03BCC000067?Family to Family Funding Through Social
Services (approve the budget ordinance amendment for $30,000 in Family to
Family funding);
(b) Budget Amendment No. 03BCC000068?Social
Services?Recognizing Additional Smart Start and Subsidy Child Care Revenue
(approve the budget ordinance amendment to recognize additional
intergovernmental revenue in the amount of $25,922 for Child Care Subsidy
payments and Smart Start funds); and
(c) One-Year Extension of Contract Agreement
between the State of NC and Regional Response Team (RRT) (approve of this
one-year extension of the contract agreement between the State of NC, Durham
County, and Parkwood Fire Department).
The motion carried
unanimously.
5. Public Hearing on Revised 2003-2013
10-Year Comprehensive Solid Waste Management Plan (SWMP)
The Department of
General Services requested that the Board of County Commissioners conduct a
public hearing to receive comments from interested parties on the revised
2003-2013 10-Year Comprehensive Solid Waste Management Plan.
At the Board?s May
12, 2003 Regular Session, the Commissioners set a public hearing for June 9,
2003 to receive public comment on the revised plan. The appropriate public notices were advertised in the Durham Herald-Sun
and the Carolina Times newspapers.
Copies of the draft SWMP were made available for public review beginning
May 16, 2003 at the Clerk of Court?s office, main branch of the Durham County
Public Library, Office of the Clerk to the Board, and the Department of General
Services. In addition, copies were
mailed on May 16, 2003 to all waste collectors serving Durham County.
Prior to the public
hearing, staff will briefly summarize revisions to the plan and be prepared to
document comments received from all interested parties.
Resource
Person(s): Michael Turner, Director of General Services; Larry Dixon,
Solid Waste Supervisor; and Thomas Bryant, Litter Control Officer
County
Manager?s Recommendation: The County Manager recommended that
the Board receive public comment on the revised 2003-2013 Ten-Year
Comprehensive SWMP, adopt a resolution as required by NCGS 130A-309.09A(b) to
approve the plan subject to the inclusion of public comment, and authorize the
County Manager to implement the plan effective July 1, 2003.
Commissioner Jacobs moved, seconded by
Commissioner Cousin, to approve the plan and authorize the County Manager to
implement the plan effective July 1, 2003.
The motion carried unanimously.
6. Public
Hearing?Zoning Text Amendment to Make Changes to the Buffer and Tree
Preservation Standards [TC03-4]
The Joint
City-County Planning Committee (JCCPC) recommended changed buffer standards
between low density residential and other types of development and changed
requirements regarding specimen tree protection. This JCCPC request was made after hearing a request from a
citizen group seeking broader changes related to these matters. The Zoning Committee considered the proposal
and favored adoption with an increase in the width of rights-of-way against
which the buffers would be applied to 65 feet.
On April 21, 2003,
the City Council voted not to adopt this ordinance.
The Homebuilders
Association requested a 30-day delay in consideration of this item by the
Commissioners; therefore, the hearing was moved from May 12, 2003 to June 9,
2003.
The Planning Department recommends
denial.
Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director
Commissioner Heron moved, seconded by
Commissioner Cousin, not to adopt the proposal but to direct that these issues
be addressed in the development of the Unified Development Ordinance (UDO).
The motion carried unanimously.
7. Public Hearing?Hamlin Road Subdivision (Rezoning Case
P02-77)
E. T. Development
Corporation will present to the Board of County Commissioners a request to rezone a 65.41-acre site located on the
south side of Hamlin Road, more than a half mile east of Old Oxford Road from RD
to PDR 2.08 (PIN 0843-01-26-0857,
0843-01-17-6277, 0843-01-27-1482). The
proposal is in conformance with the small area plan. Staff recommends approval citing adopted plan conformance. The Zoning Committee of the Durham Planning
Commission conducted public hearings on February 11, March 11, and May 13, 2003
and voted 6-0 to recommend approval, citing the developer?s efforts to mitigate
school impacts and the use of constructed wetlands as a stormwater control.
The
public hearing for this request was advertised on May 23 and May 30, 2003 in
the Durham Herald-Sun.
Resource Person(s): Frank M.
Duke, AICP, Planning Director
Vice-Chairman
Bowser moved, seconded by Commissioner Heron, to approve Hamlin Road
Subdivision Rezoning Case P02-77.
The motion carried unanimously.
8. Public Hearing?Ravenstone (Rezoning Case P03-02)
Sherron Road
Ventures will present to the Board of County Commissioners a request to rezone 130.15 acres southeast of the
intersection of NC 98 and Sherron Road, between Sherron Road and Bandock Drive,
including all of 150 lots and parts of three previously recorded lots within
Shaw Hills. The specific request is to
rezone the subject acreage from RD, R-20 and R-10(D) to R-10(D) for a
residential development with 306 single-family homes. The proposal is in conformance with the small area plan. Staff recommends approval citing adopted
plan conformance. The Zoning Committee
of the Durham Planning Commission conducted a public hearing on April 8, 2003
and voted 5-1 to recommend denial, citing school overcrowding and traffic
concerns.
The public
hearing for this request was advertised on May 23 and May 30, 2003 in the
Durham Herald-Sun.
Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director
9. Public
Hearing?Zoning Text Amendment to Modify the Affordable Housing Unit Density
Bonus [TC03-6]
It was determined
that the existing language in the zoning ordinance allowing a density bonus for
providing affordable housing units could not be implemented. Further complicating utilization of the
existing bonus, no language or process for authorizing the bonus units is
included in the ordinance.
The proposal
addresses these deficiencies while also reorganizing the bonus provisions for
greater clarity.
The Planning
Department recommends that the Board approve the amendment.
Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director
County Manager?s Recommendation: The Manager
recommends that the Board conduct a public hearing and if appropriate, adopt
the amendment modifying the affordable housing unit density bonus.
Commissioner Jacobs
moved, seconded by Vice-Chairman Bowser, to adopt the Zoning Text Amendment to Modify the Affordable Housing Unit Density
Bonus [TC03-6].
The
motion carried unanimously.
10. Public
Hearing?Zoning Text Amendment to Make Changes to the Board of Adjustment Voting
Standards [TC03-7]
Durham County
received special state authorization in 1997 to allow the Board of Adjustment
[BOA] to take certain actions with a 3/5-majority vote rather than the
4/5-majority vote as required under general legislation. The BOA desires this change and has amended
its rules of procedure to accommodate the special legislation. This ordinance amendment proposes to modify
the Zoning Ordinance to conform to this special statute.
The Planning
Department recommends that the Board approve the amendment.
Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director
County
Manager?s Recommendation: The Manager recommends that the
Board conduct a public hearing and if appropriate, adopt the amendment
concerning Board of Adjustment voting standards.
Commissioner Heron
moved, seconded by Commissioner Jacobs, to adopt the Zoning Text Amendment to Make Changes to the Board of Adjustment Voting
Standards [TC03-7].
The
motion carried unanimously.
11. Request by Time Warner to Reconsider Rate Order
The Board received the
information from Mr. Phillips and Mr. Sepe.
It was the consensus of the Board not to rescind the previous Order.
12. Resolution Setting a Public Hearing
on the American Tobacco Project
County
Manager?s Recommendation: The County Manager recommends that
the Board approve the resolution setting the public hearing on the proposed
financing.
Commissioner Cousin
moved, seconded by Commissioner Jacobs, to approve the resolution setting the
public hearing on the proposed financing.
The motion carried
unanimously.
The public hearing will be
held at the Commissioners? next Regular Session scheduled for June 23, 2003.
13. FY 2003-2004 Funding for Holloway
Street Neighborhood Achievement School
The Board?s review
of the FY 2003-2004 Budget has been completed with the exception of a decision
regarding an application submitted by the Durham Business and Professional
Chain for $100,000 to establish the Holloway Street Neighborhood Achievement
School. An initial staff review was
conducted late last week after the application was received; however, due to
the limited time available to review the application, important information
relative to zoning at the proposed school site was not available until today
(June 9). According to the City/County
Planning Director, use of the property for a school will require a minor
special use permit, which is issued by the Board of Adjustment. However, the Planning Department has several
concerns about the suitability of the site since both the site and the building
are nonconforming, meaning that neither complies with the current requirements
imposed by the zoning ordinance. Moreover,
and more importantly, variances from the off-street parking, buffer, and
setback requirements will be required due to the nonconforming nature of the
site; however, the Planning Department does not believe the Board of Adjustment
can grant a variance for the setbacks and noted that no variance has ever been
granted by the Board of Adjustment for the elimination of a buffer. Finally, the Planning Department questions
whether any relief will be granted from the ordinance?s off-street parking
requirements and advised that the Board has a demonstrated record of refusing
to relax off-street parking requirements that are stipulated by the zoning
ordinance.
_______________________
The motion carried with the following vote:
Ayes: Black, Bowser,
and Jacobs
Noes: Heron and Reckhow
Chairman Reckhow adjourned the meeting at approximately
11:00 p.m.
